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HomeMy WebLinkAboutC33842 - Processing of Parking Citations CONTRACT NO. C33842 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: REQUEST FOR APPROVAL OF CONTRACT EXTENSION NO. 3 TO CONTRACT NUMBER C33840 WITH JUDICIAL DATA SERVICES, RENEWING SERVICES FOR THE PERIOD FROM JULY 1, 2017 TO JUNE 30, 2018 FOR THE PROCESSING OF PARKING CITATIONS SUBMITTED BY: Pedro Rodriguez, Code Compliance Supervisor DATE: June 8, 2017 CONTENTS: Contract Services Extension No. 3 Contract C33840 Email from Judicial Data Services accepting renewal of extension Recommendation By Minute Motion: 1. Approval of Contract Extension No. 3 awarding Contract No.C33840 with Judicial Data Services from July 1, 2017 to June 30, 2018 for processing of parking citations. 2. Authorize the Mayor to execute Contract Extension No.3. Background At its meeting of July 10, 2014, the City Council approved Contract Number C33840 with Judicial Data Services for a period of one (1) year for the processing of parking citations. The contract can be renewed year to year for up to three (3) years as long as both parties agree, funding is available, and the City Council approves each renewal. The contract has remained in effect and in good standing by both parties since execution of the contract. This will be the last one (1) year contract extension. Staff will solicit bids from citation processing companies for the 2018/2019 fiscal year. Staff is pleased with the services provided by Judicial Data Services. The adjudication of citations is performed in a timely and efficient manner, which is essential in providing good customer service to Palm Desert residents. Staff Report Contract Service Amendment, Judicial Data Services June 8, 2017 Page 2 of 2 Acceptance of staff's recommendation will allow the City of Palm Desert's Code Compliance Division to continue using Judicial Data Services for the processing of parking citations issued by the City. Fiscal Impact The fiscal impact will vary depending on the number of citations issued. During fiscal year 2016/2017 the total cost for processing citations was $1,228.41. The monthly average for processing citations was $102.37. Funds will be made available in account number 1104470-43090-00 with the approval of the proposed 2017/18 budget. Submitted By: Department Head: W Pedro Rodriguez Ryan Stendell Code Compliance Supervisor Director of Community Development Cul 1M Aff Janet M•or: Director if 'inance Approval: Lauri Aylaian City Manager Contract No. C 33840 CONTRACT THIS CONTRACT made and entered into this 10th day of July , 2014, by and between the CITY OF PALM DESERT, a municipal corporation (hereinafter "CITY") and JUDICIAL DATA SYSTEMS CORPORATION, (a corporation under the laws of the State of California) (hereinafter"COMPANY"). RECITALS 1. WHEREAS, the City desires to comply with the laws of the State of California and Palm Desert Municipal Code, by designating a licensed company who will 0 authorized to process all parking citations issued by the City and provide an administrative rr -~ 'r adjudication program for the hearing and disposition of all written and contested parking citations involving violations of the California Vehicle Code (CVC) and violations of the Pak Desert Municipal Code (P.D.M.C.) and, • 2. WHEREAS, it is in the best interest of CITY that such a contract be entered into for the orderly and uniform administrative adjudication process to provide all individuals charged with parking violations a forum in which the facts of their case may be processed and reviewed fairly and a disposition rendered in a timely manner, while at the same time administering justice efficiently and uniformly, NOW, THEREFORE, the parties agree as follows: 1. Company's Rights and Authority. CITY grants to COMPANY the right and authority, within the jurisdictional limits of CITY, to process all parking citations issued by CITY as provided in the following statement of work: 2. Collection. COMPANY will provide for collection of parking citation penalty amounts via mail to COMPANY's "Parking Administration" Post Office Box in accordance with COMPANY's established procedures. COMPANY will provide for telephone and written 1 Contract No. C 33840 interactions with defendants. Daily collections will go directly into CITY account or as directed by CITY. Determination of type of account and control of disbursements from account is strictly a matter between the CITY and the bank. Outputs from this task we be: • Monthly reporting on clearances by parking penalty amount detailed by citation number. (Note: this detail will not include clearances not handled by COMPANY). • Transmittal forms and instruction regarding any required disbursements of surcharges or fees (such as DMV fees, court fee, court house building surcharges, ect.). 3. Management. COMPANY will receive, store, and provide retrieval of all citations. 4. Data Entry and Registered Owner Ingury. COMPANY will code and enter into a computerized notification system the following data on each citation: • Citation number • Date and time issued • Vehicle license number and state • Make of vehicle • Violation code(s) • Parking penalty • DMV license file code • Pricing is subject to change upon 60 days written notification. 2 Contract No. C 33840 Output from this task will be: a) Secure online computer link containing registered owner inquiries will be forwarded to DMV. b) A printed listing containing key data on all citations in citation number order. c) A license number index to the citation listing. 5. Registered Owner Notification. COMPANY will process DMV's reply via online computer link. An edit check will be made to delete records with unreasonable discrepancies between the vehicle make as noted on the citation and in the DMV files. Notices of Intent as prescribed by CVC Section 41103 will be printed and mailed to registered owners. 6. Notify DMV of Non-Compliance. COMPANY will acquire data on clearances and after the due date, will notify DMV via on-line computer link to place registration holds on vehicles for which no response to the Notice of Intent was made. 7. Lessee/Renter Notification. COMPANY will, at CITY's option, forward to lessees or renters valid notices of intent which are returned to collection agency claiming lessee/renter as a defense against the charge(s). 8. Compensation. CITY shall pay COMPANY as follows: • California: $1.20 per citation filed. • $3.00 per citation for first level review • $5.00 per citation for second level review • No monthly minimum. • COMPANY shall invoice the CITY each month for citations processed under this agreement during the previous month. 3 Contract No. C 33840 • CITY shall pay COMPANY within thirty (30) working days after receipt of each invoice. • Invoices become delinquent 30 days after invoice date and are subject to a 1.5% per-month late fee. 9. Fee Protection Provision. If COMPANY provides the same services to another agency within Orange County and is secured by contract for a price lower for the same services, said COMPANY agrees to modify contract with CITY to reflect same price to CITY in order to maintain fee protection provision. 10. Term of Contract. This CONTRACT shall be for a period of one (1) year from the date of execution. The parties hereto further agree that they may renew this Agreement for three (3) years as long as (1) both parties hereto agree; (2) funding is available; (3) the City Council approves each extension. Execution is completed when all parties have signed the agreement. Agreement is subject to annual budget approval by the City Council. This CONTRACT shall be renewed from year-to-year for up to three (3) years by all parties agreeing and upon signing a "Contract Services Amendment" unless either party gives to the other party ninety (90) days written notice of intent to terminate. Notwithstanding the foregoing, CITY may terminate this CONTRACT, with or without cause, upon ninety (90) days written notice delivered to COMPANY. This agreement expresses the full understanding between both parties. Any changes or revisions to the terms and conditions hereof shall be made by written amendment and shall be executed by persons authorized to do so by the respective parties. 11. Termination of Agreement. Upon termination of this agreement for any reason, COMPANY shall not be responsible for the retention and processing of CITY's data files for a period in excess of ninety (90) days following notification of such termination. During that 4 Contract No. C 33840 period of time COMPANY agrees to cooperate and assist CITY with the orderly transmission of CITY data to whatever point of delivery designated by CITY. 12. Performance. COMPANY shall perform services under this agreement as an independent contractor. COMPANY nor its officers, agents or employees shall be considered employees of the CITY. Rights and obligations of COMPANY with CITY shall arise only from this authority over its officers, agents, and employees related to fulfilling obligations under this agreement. COMPANY agrees to perform the services required under this agreement with good workmanship in the art, skill and trades agreed to hereunder consistent with generally accepted data processing procedures. COMPANY agrees that all citations, reports analyses, audits, computer tapes or cards or other material documents or data and working papers, whether or not in final form, which have been obtained or prepared under this agreement, shall be deemed the property of the CITY and same shall be returned to CITY upon termination of this agreement. 13. Hold Harmless. COMPANY shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents ("City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the COMPANY's performance of its obligations under this agreement or out of the operations conducted by COMPANY, including the CITY's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the CITY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from COMPANY's performance of this agreement the COMPANY shall provide a defense to the CITY indemnitees or at the CITY's option reimburse the CITY 5 Contract No. C 33840 indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims. 14. Insurance. COMPANY without limiting COMPANY's indemnification of CITY, and prior to commencement of Work, COMPANY shall obtain, provide and maintain at its own expense during the term of this agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. COMPANY shall not commence work under this Agreement until it has provided evidence satisfactory to the City of Palm Desert that it has secured all insurance required under this section. in addition, COMPANY shall not allow any subcontractor(s) to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor(s) has secured all insurance required under this section. Without limiting COMPANY'S indemnification of City, and prior to commencement of Work, COMPANY shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City. General Liability Insurance. COMPANY shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or(3) contain any other exclusion contrary to the Agreement. Workers' Compensation Insurance. COMPANY shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of 6 Contract No. C 33840 at least $1,000,000). COMPANY shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents, employees and volunteers. Umbrella or Excess Liability Insurance. COMPANY may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, COMPANY shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall"follow form"to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies OTHER PROVISIONS OR REQUIREMENTS Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the COMPANY'S policies, or the COMPANY shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured 7 Contract No. C 33840 to the subcontractors' policies. COMPANY shall provide to City satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance. COMPANY shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage. COMPANY shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by COMPANY, his/her agents, representatives, employees or subcontractors. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by COMPANY, or City will withhold amounts sufficient to pay premium from COMPANY payments. In the alternative, City may cancel this Agreement. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) 8 Contract No. C 33840 and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow COMPANY or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. COMPANY hereby waives its own right of recovery against City of Palm Desert and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions (non estoppell. COMPANY acknowledges and agrees that any actual or alleged failure on the part of the City to inform COMPANY of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Specifications Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 9 Contract No. C 33840 Notice of Cancellation. COMPANY agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten [10J day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status. General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide, or be endorsed to provide, that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. City's Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the COMPANY ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the COMPANY, the City and COMPANY may renegotiate COMPANY'S compensation. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims. COMPANY shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from COMPANY'S performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 10 Contract No. C 33840 Safety. COMPANY shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the COMPANY shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance. COMPANY shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. Attorney's Fees and Costs. In the event litigation is filed by either party to enforce the terms of this CONTRACT, the prevailing party shall be entitled to reasonable attorney's fees and costs. 16. Equipment Required COMPANY shall own or have available and shall use all and any equipment necessary in carrying out the terms of this CONTRACT. 11 • Contract No. C 33840 EXECUTED this cry day of , 2014. CITY OF PALM DESERT A Municipal Corporation By: V---\AT ---------------//4,/,'Le VAN G.TANNER, MAYOR ATTEST: E LE D. KLASSEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA COMPANY: JUDICIAL DATA SYSTEMS CORPORATION 12 Contract No. C33842 CONTRACT SERVICES AMENDMENT NO. 3 FOR PROCESSING OF PARKING CITATIONS ISSUED BY THE CITY OF PALM DESERT THIS CONTRACT SERVICES AMENDMENT NO.3 (herein "Amendment") is made and entered into this 8th day of June, 2017 by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and Judicial Data Services ("Contractor"). NOW, THEREFORE, the parties hereto agree as follows: A. Section 10. TERM OF CONTRACT is hereby amended by replacing the first five sentences of the paragraph with the following: This AMENDED CONTRACT shall be for a period of one (1) year from the date of execution of Amendment No. 3 The parties hereto further agree that they may renew this Agreement for one (1) year as long as (1) both parties hereto agree; (2) funding is available; and (3) the City Council approves each extension. Execution is completed when all parties have signed Contract Amendment No. 3. Contract Amendment No. 3 is subject to annual budget approval by the City Council. This amended Contract may be renewed from year-to-year for up to one year by all parties agreeing upon and signing a Contract Services Amendment unless either party gives to the other party ninety (90) days written notice of intent to terminate. The remainder of Section 10. TERM OF CONTRACT remains unchanged by this Amendment No. 3. B. All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. CITY OF PALM DESERT JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK Contract No. C33842 APPROVED AS TO FORM: ROBERT HARGREAVES, CITY ATTORNEY CONTRACTOR: ATTEST: JUDICIAL DATA SERVICES Judicial Data Services 3303 Harbor Boulevard, Suite F-4 Costa Mesa, California 92626 Rodriguez, Pedro To: Robin Lassen Subject: RE: Judicial Data Systems Contract Extension for July 1, 2017 to June 30, 2018 From: Robin Lassen [mailto:robin@iudicialdata.com] Sent: Friday, May 26, 2017 9:50 AM To: Judy, Janine; Ritchey, Lorena Cc: Rodriguez, Pedro Subject: RE: Judicial Data Systems Contract Extension for July 1, 2017 to June 30, 2018 Good Morning, All, I hear that the desert is the place to be this weekend with the cooler and beautiful weather! © So sorry for the delay in this response. We at JDS are very happy to agree with the contract extension for processing of parking citations for the City of Palm Desert. We look forward to working with you all and to further serving the City. Please let us know if you need anything further and have a wonderful, long weekend! Sincerely, Robin Lassen JDS 1